Memorandum from Mark to Shelley Berkley, September 18, 2002, regarding Energy and Water Appropriations Proposed Amendments (4 pages)

Memo To: From: Shelley Date: Re: Mark September 18, 2002 Energy & Water Appropriations Proposed Amendments I am recommending that you meet with Congressman Peter Visclosky, the Ranking Member of the Energy and Water Appropriations Subcommittee, to request his assistance on two amendments that you would like to offer to the Energy and Water Appropriations bill during debate on the House floor. Amendment Idea One - The Administration's Nuclear 2010 Program Background - The Bush Administration supports the nuclear power industry's goal of adding 50,000 megawatts of nuclear generating capacity (approximately 50 nuclear reactors) by 2020. In his effort to subsidize the industry, the President is pushing a new initiative called Nuclear Power 2010 which mandates the construction of new commercial reactors by 2010 without resolving any of the nuclear waste issues. They have requested $38.5 million for the President's Nuclear Power 2010 program, a 480% increase over last year's request. This month, the House Energy and Water Appropriations Subcommittee approved $41.5 million for nuclear energy technologies but did not specify how much would go to the Nuclear 2010 program. At the same time, the Subcommittee provided $11 million less than the President requested for renewable energy programs. The President requested $407 million. Proposal - offer an amendment to the Energy and Water Appropriations bill to decrease the Nuclear Power 2010 program by $11 million and increase the renewable energy resources program budget by the same amount in order to fully fund the President's 03' budget request. Nuclear 2010 Program Amendment - Legislative Counsel is currently drafting Amendment Idea Two - Nuclear Waste Cask Safety Background - The Subcommittee is pushing hard to move ahead with the Yucca Mountain project. They have increased funding to $525 million, and the President has recently made a request to add an additional $66 million which would make it $200 million higher than last year. In fact, the Subcommittee report states, "Given the importance of timely repository opening, the Department should take all reasonable steps to accelerate the submission of the license application into early fiscal year 2004." We are deeply concerned that the Department of Energy will cut corners on safety issues in order to meet unrealistic deadlines. The State of Nevada contends that the Nuclear Regulatory Commission (NRC) has never tested any of the spent nuclear fuel shipping casks currently used in the United States. Furthermore, the NRC does not currently require nor plan to require full-scale physical testing of shipping casks as part of its certification process. This is a mistake. Proposal - offer an amendment that clearly states that the Nuclear Regulatory Commission should begin to set up a process that would provide for full-scale testing of nuclear waste casks. Testing would include: 1) meaningful stakeholder participation in test development 2) full-scale physical testing (sequential drop, fire, puncture, and immersion) 3) additional computer simulations to determine failure thresholds 4) reevaluation of previous risk study findings 5) evaluation of costs and benefits of destructive testing of randomly selected casks This proposal could be implemented using anyone of the following Amendment options (all are attached) ranked from strongest to weakest. Nuclear Waste Cask Amendment 1 - The best amendment to offer would be an amendment that requires the Department to prepare for the full-scale testing of nuclear waste casks according to the State of Nevada's recommendation. Nuclear Waste Cask Amendment 2 - This amendment would be a sense of the Congress resolution that nuclear waste casks be tested using the State of Nevada's standards. Nuclear Waste Cask Amendment 3 - This amendment would simply move $8 million from the nuclear waste account to the NRC account. $8 million is the symbolic amount that represents the least amount of money required to fully test a truck cask. On the floor, you can talk at great length as to the need for nuclear waste cask safety. Nuclear Waste Cask Amendment 4 - This amendment would move only $1 million from the nuclear waste account to the NRC account allowing you to talk on the floor about the need for nuclear waste cask testing. The crisis in Nevada's health care system poses a serious threat to the health, welfare and safety of residents of Nevada. Doctors are unable to treat medicare patients, pregnant women are without necessary pre-natal care, and our doctors and surgeons can not provide Las Vegas with medical services. Early this year, as many as 150 physicians in Nevada retired early or closed their practice taking important medical services to neighboring states, and Obstetricans are unable to take new patients or are limiting the number of deliveries they are able to make. In July, more than 50 surgeons quit resulting in the closure of the valley's trauma center for 10 days. I am appalled that in January, some doctors in Nevada experienced a 500% increase in medical malpractice insurance. Physicians who were paying $40,000 in December of 2001 paid up to $200,000 just one month later. This forced Las Vegas Doctors to give up their profession. I am doing everything in my power to find a solution to ensure patients receive quality care and doctors are able to provide quality medical care. I have been engaged in ongoing dialogue with health care and legal professionals in the Las Vegas community. In August, the Nevada Assembly passed a bill to reform medical malpractice liability. Although it is difficult to determine the effect Nevada's law will have on the state health care industry, it may pose a more effective alternative to H.R. 4600. I am now reviewing Nevada's medical liability reform law to determine how it may improve H.R. 4600. I am discussing it with national health care and legal professionals for their comments. Many states in addition to Nevada are experiencing a similar health care crisis and I believe Nevada's response to the health care crisis could serve as a model to the nation, and assist both doctors and patients nationwide. I offered the Nevada plan as an amendment to H.R. 4600, but I am also looking at other ways to control costs of malpractice insurance. One bill that can help is the Medical Liability Insurance Crisis Response Act of 2002, H.R. 5253, a bill I cosponsored to address medical malpractice liability reform. H.R. 5253 focuses on reforming medical liability by introducing mandatory mediation of medical malpractice suits before trial and preventing frivolous malpractice lawsuits. It also proposes an advisory commission on medical malpractice, a freeze in medical malpractice insurance rates, and a guarantee that malpractice coverage will be renewable. H.R. 5253 supports state reforms, such as Nevada's law, which provide additional alternative methods to address medical malpractice insurance rates. During my four years in Congress, I fought for the needs of health care providers and patients, knowing the difficulties facing Nevada's health care providers are not limited to the medical malpractice issue. The health care system places tremendous stress on Nevada doctors with nursing shortages and delayed payment claims affecting their ability to provide medical care. H.R. 5253 addresses these problems and will help doctors provide quality health care services without bearing financial burden. I am also currently working hard to shore up the Medicare Fee for Service program which is a top priority for me. Last June, I proudly voted for and cosponsored the Medicare Physician Payment Fairness Act, H.R. 3351, to increase payments to doctors under the Medicare physician fee schedule and to provide a medicare rollback. And last fall, I was a sponsor of the Medicare Education and Regulatory Fairness Act (MERFA), H.R. 3391, which cuts red tape so doctors can spend more time with their patients and less time filling out paperwork. This act ensures that the Secretary of Health and Human Services provides appropriate guidance to physicians, providers of services, and ambulance providers who are attempting to properly submit claims under the Medicare Program, and it ensures that the Secretary does not target doctors for inadvertent billing errors. MERFA passed the House by a unanimous vote. Strengthened by this overwhelming victory in the House, I urge passage by the Senate and signing by the President. I will continue to be vigorously engaged in the process of reforming our medical malpractice system. For the safety and welfare of southern Nevadans it is essential that we work to solve the medical malpractice crisis so patients are able to seek medical care and doctors are able to provide the necessary services. Once again, thank you for sharing your concerns with me. If I may be of any additional assistance, on this or any other issue, please do not hesitate to contact me or visit my website at www.house.gov/berkley.